STATE vs SUNIL @ PAHALWAN & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17.01.2026 Judgment pronounced on: 28.01.2026 CRL.A. 1290/2019 and CRL.M.A. 40214/2019 STATE .....Appellant Through: Mr. Pradeep Gahalot, APP for the State. SI Himanshu P.S. Alipur Versus SUNIL @ PAHALWAN & ANR .....Respondents Through: Mr. Abhishek, Mr. Krishan Kumar and Mr. Sandeep, Advocates CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 377 of the Code of Criminal Procedure, 1973 (the Cr.PC.), has been filed by the respondent/State in SC No. 755/2017 on the file of the Additional Sessions Judge/Special Judge (NDPS), North, Rohini Courts, New Delhi, assailing the order on sentence dated 16.05.2019, as per which the accused persons have been released on probation for 2019. 2. The prosecution case is that in the intervening night of 29/08/2017 and 30/08/2017 at about 11:45 pm, the accused persons, five in number, abducted CW17 Yashish Arora at 3. On the basis of Ext. PW2/1 FIS of PW2, given on 30.08.2017, Crime no. 368/17, Alipur Police Station, was registered. CW32, Inspector, conducted the investigation and on completion of the same submitted the fi